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Post-accident remedial measures were a “small bit of common-sense engineering”, relevant evidence in finding company guilty of OHSA offences

An employer’s post-accident efforts to fix a safety issue were relevant to the issue of whether it had violated the […]

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

Sexual joke was “worse than the usual sexual humour of the workplace”: hydro employee was fired for cause

A hydro worker’s sexual harassment of a co-worker, including an offensive sexual joke, justified his dismissal, the Ontario Labour Relations […]

By Adrian Miedema
  • Caselaw Developments
  • Safety Professionals - Practice Issues

Doctor’s note prescribing “no overtime” was obtained due to labour tensions, not employee’s health: three-day suspension imposed

An employee who obtained a doctor’s note to justify his desire not to work overtime during a labour dispute, deserved […]

By Adrian Miedema
  • Caselaw Developments
  • Safety Professionals - Practice Issues

Alcoholic employee reinstated after employer’s compassionate approach put in question seriousness of previous warnings

There is an old, and somewhat cynical saying, that no good deed goes unpunished. While I personally disagree with that […]

By Adrian Miedema
  • Caselaw Developments
  • Safety - Risk Management
  • Safety Professionals - Practice Issues

Lawyer’s harassment investigation report was not solicitor-client or litigation privileged: union entitled to a copy, says arbitrator

The mere fact that a lawyer prepared an investigation report does not make it privileged, a labour arbitrator has held, […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

Misled by official, company proves “officially induced error”, beats charges

The defence of “officially induced error” is rarely used successfully, but in a recent Highway Traffic Act case, it won […]

By Adrian Miedema
  • Caselaw Developments
  • Government Safety Investigations
  • Prosecutions / Charges
  • Safety - Risk Management

Moving company fined under smoke-free workplace legislation

As one employer learned recently, smoke-free workplace legislation has teeth. According to a Nunavut government press release, a government safety […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges
  • Safety Professionals - Practice Issues

Safety contractor wins appeal of $1,000 administrative penalty under OHSA

Don’t be seen to cause a traffic jam that inconveniences a government health and safety officer.  Perhaps that is the […]

By Adrian Miedema
  • Caselaw Developments
  • Safety Professionals - Practice Issues
  • Violence and Harassment

OLRB orders employer to reinstate apartment building superintendent allegedly fired for reporting workplace violence

The Ontario Labour Relations Board has ordered an employer to reinstate an apartment building “office administrative superintendent” who alleged that […]

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

Employee properly fired for workplace violence threats, despite his mental disability: Appeal Court

An employee’s mental disability, unknown to his employer at the time of dismissal, played no role in the reason he […]

By Adrian Miedema
  • Caselaw Developments
  • Safety - Risk Management
  • Safety Professionals - Practice Issues

Can provincial OHSA legislation apply across borders? Ontario OHSA protects employee for safety concerns raised while temporarily in B.C., OLRB decides

The question often arises as to whether occupational health and safety legislation in an employee’s home province protects him or […]

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

Snowplow driver dismissed due to two accidents, not workplace violence “head-butting” complaint

A snowplow driver’s bad driving record, not his workplace violence complaint, was the reason for his dismissal, the Ontario Labour […]

By Adrian Miedema

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